21 U.S.C. § 1031

Congressional statement of findings

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Eggs and egg products are an important source of the Nation’s total supply of food, and are used in food in various forms. They are consumed throughout the Nation and the major portion thereof moves in interstate or foreign commerce. It is essential, in the public interest, that the health and welfare of consumers be protected by the adoption of measures prescribed herein for assuring that eggs and egg products distributed to them and used in products consumed by them are wholesome, otherwise not adulterated, and properly labeled and packaged. Lack of effective regulation for the handling or disposition of unwholesome, otherwise adulterated, or improperly labeled or packaged egg products and certain qualities of eggs is injurious to the public welfare and destroys markets for wholesome, not adulterated, and properly labeled and packaged eggs and egg products and results in sundry losses to producers and processors, as well as injury to consumers. Unwholesome, otherwise adulterated, or improperly labeled or packaged products can be sold at lower prices and compete unfairly with the wholesome, not adulterated, and properly labeled and packaged products, to the detriment of consumers and the public generally. It is hereby found that all egg products and the qualities of eggs which are regulated under this chapter are either in interstate or foreign commerce, or substantially affect such commerce, and that regulation by the Secretary of Agriculture and the Secretary of Health and Human Services, and cooperation by the States and other jurisdictions, as contemplated by this chapter, are appropriate to prevent and eliminate burdens upon such commerce, to effectively regulate such commerce, and to protect the health and welfare of consumers.

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 1972–2024 · leading case: A1A Burrito Works, Inc. v. Sysco Jacksonville, Inc., 87 F.4th 1280 (11th Cir. 2023).

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A1A Burrito Works, Inc. v. Sysco Jacksonville, Inc., 87 F.4th 1280 (11th Cir. 2023). “The United States Department of Agriculture regulates egg products under the Egg Products Inspection Act, see generally 21 U.S.C. §§ 1031–56; meat products under the Federal Meat Inspection Act, see generally 21 U.”

United States v. 1,200 Cans, Pasteurized Whole Eggs, Etc., 339 F. Supp. 131 (N.D. Ga. 1972). “21 U.S.C. § 1031 ff. Undoubtedly, the latter will form a more efficient supervision albeit at increased public cost.”

United Egg Producers v. Davila, 871 F. Supp. 106 (D.P.R. 1994). · cites it 2× “First, plaintiffs argue that the following provisions of MR3 are preempted by the federal Egg Products Inspection Act (“EPIA”), 21 U.S.C. § 1031 et seq.; by the federal Food, Drug and Cosmetic Act (“FDCA”), 21 U.”

Missouri v. Harris, 58 F. Supp. 3d 1059 (E.D. Cal. 2014). “Even assuming AB 1437 serves a legitimate public health purpose within California by limiting the methods of production of California-bound eggs outside California, plaintiffs allege the statute is “expressly and implicitly preempted by the Federal Egg Products Inspection Act,”…”

Sorkin v. The Kroger Co. (N.D. Ill. 2024). “Lastly, Sorkin’s claims that Kroger violated the Egg Products Inspection Act (“EPIA”), 21 U.S.C. §§ 1031–1032 et seq., hold no water because the EPIA applies to egg products, rather than the shell eggs at issue here.”

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